ILLINOIS POLLUTION CONTROL BOARD
    December 19, 2002
     
    OGLE COUNTY,
     
    Complainant,
     
    v.
     
    MERLE and JOANNE CORNELIUS, and
    DENNIS BORGMANN,
     
    Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
     
    AC 03-12
    (Ogle County No. 1418135004)
    (Administrative Citation)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
     
    On November 4, 2002, Ogle County (County) timely filed an administrative citation
    against Merle and Joanne Cornelius and Dennis Borgmann (respondents).
    See
    415 ILCS
    5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The County alleges that respondents violated
    Sections 21(p)(1), (p)(3), and (p)(7) of the Environmental Protection Act (Act) (415 ILCS
    5/21(p)(1), (p)(3), (p)(7) (2000),
    amended by
    P.A. 92-0574, eff. June 26, 2002). The County
    further alleges that respondents violated these provisions by causing or allowing the open
    dumping of waste in a manner resulting in litter, open burning, and the deposition of construction
    or demolition debris. The complaint concerns respondents’ facility at 10217 N. Adeline Road in
    German Valley, Ogle County. The administrative citation meets the content requirements of 35
    Ill. Adm. Code 108.202(b).
     
    On December 11, 2002, the parties filed a stipulation and proposal for settlement.
    Respondents admit to violating Section 21(p)(1) of the Act, and agree to pay a civil penalty of
    $1,500. The County agrees to dismiss the alleged violations of Sections 21(p)(3) and (p)(7) of
    the Act. The Board accepts the stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2. Pursuant to the stipulated agreement, the Board finds that Merle and Joanne
    Cornelius and Dennis Borgmann (respondents) violated Section 21(p)(1) of the
    Act (415 ILCS 5/21(p)(1) (2000),
    amended by
    P.A. 92-0574, eff. June 26, 2002).
    The Board finds that respondents did not violate Sections 21(p)(3) and (p)(7) of
    the Act (415 ILCS 4/21(p)(3), (p)(7) (2000),
    amended by
    P.A. 92-0574, eff. June
    26, 2002). Accordingly, respondents must pay a civil penalty of $1,500 no later
    than March 1, 2003, the date set forth in the stipulated agreement. Respondents
     
    2
    must pay the civil penalty by certified check or money order, payable to the Ogle
    County’s Treasurer Office. The case number, case name, and the respondents’
    social security numbers or federal employer identification number must be
    included on the certified check or money order.
     
    3.
    Respondents must send the certified check or money order to:
     
    Ogle
    County
    Treasurer
     
      
    Attention: John Coffman
      
      
    Ogle County Courthouse
    Oregon,
    Illinois
    61061
     
      
      
    4.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2000)).
     
    5.
    Payment of this penalty does not prevent future prosecution if the violations
    continue.
     
    IT IS SO ORDERED.
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2000);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on December 19, 2002, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top